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Michigan Landlords and Tenants May Be Facing Big Changes

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The State Court Administrative Office has proposed new rules that would affect eviction cases. The proposal includes an option for online pretrial hearings in eviction cases, a tenant requirement to give landlords 48-hour notice if a jury trial is desired, a requirement that tenants be served in person if the landlord wants an immediate default judgement, the creation of a minimum 7-day window between pretrial hearings and trials, and the ability for tenants to get an automatic stay if they’ve applied for rental aid. The aim is to allow more time for commercial and residential tenants to pay what is owed when they fall short. In some cases, this will lengthen the eviction process. The intent is to continue the advances that were made during the pandemic. The rule changes are in a public comment period until Tuesday.

 

Free Legal Services for Low-Income Tenants Delayed

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A program to provide free lawyers to low-income Detroiters facing eviction is being delayed. The program was supposed to start October 1, according to the Detroit City Council ordinance that was enacted over the summer. Tenant advocates are voicing concerns over the delay, although legal services continue to be available through a statewide pandemic program. The ordinance offers legal representation in 36th District Court for tenants who are facing eviction and making below 200% of the federal poverty guidelines. The city is working to produce requests for proposals and is working its way through the American Rescue Plan compliance process. Funding for the program would last for over three years.

 

 

New Report Offers Insight into Detroit’s Rental Housing

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Information on the number of rental properties in Detroit is limited and creates issues concerning improvements to housing conditions and reduction of lead exposure. Most landlords in Detroit own one or two properties, making up about 50% of the units in the city.  Of that number, only 2% have registered properties within the city’s formal rental system. The think tank, Detroit Future City, released an analysis on Wednesday that breaks down landlords into categories using the assessed value of the property, corporate ownership, blight violations, taxpayer’s location, property acquisitions and the number of units they own. Tenant advocates continue to raise concerns about evictions and unaffordable housing. The goal is to support landlords and enable them to become compliant with healthier housing conditions.

 

Hotel Residents Demand Affordable Housing

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Evicted tenants who have become hotel residents are about to have their federal aid come to an end. They called on city officials for help finding affordable housing before the federal aid runs out. More than 275 Detroit households have used federal aid through the federal American Rescue Plan to pay for hotels following eviction. The tenants had been informed that the aid would be cut off on June 1. Of the 88 households currently living in hotels and supported by the aid, 40 have received an extension on their end date to June 30. The other 48 already had later end dates.

 

 

Gilbert Family Foundation Pledges Money For Eviction Defense

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The Gilbert Family Foundation has pledged up to $13 million over three years to help renters avoid eviction in Detroit. This comes weeks after the city of Detroit passed an ordinance giving renters at risk of eviction the right to have an attorney represent them in their defense. The United Community Housing Coalition, Lakeshore Legal Aid and Michigan Legal Services will split the money evenly. The Detroit Eviction Defense Fund was created after the city committed $6 million in American Rescue Plan dollars to fund eviction defense. It is thought that Detroit’s population decline is occurring, in part, to the 30,000 Detroit households that face eviction each year.

Michigan’s Rental Aid is Backlogged as Need Continues Rise

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173,000 tenants have applied for the statewide rent aid program that was launched to help renters avoid eviction and meet their payments. Wayne County makes up about one-third of the applicants. Detroiters make up 22% of the rent help applicants. According to the chief operating officer of the Wayne Metropolitan Community Action Agency, they continue to see high numbers of requests for support. The Census Bureau’s Household Pulse Survey reports that between Dec. 1 and Dec. 13,  more than 100,000 Michiganders said they were behind on rent or mortgage payments. Less than half of the applications for assistance were approved as of January 7. Statewide, wait time between application and approval averages 35 to 40 days. In Wayne County, that wait time may take as long as 10 weeks. MSHDA has hired staff combat the backlog and high numbers of applications in Wayne County

Michigan Renters & Landlords Still Wait For Relief

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Nearly two-thirds of metro Detroit residents are still behind on their rent or mortgage, despite the millions of dollars in federal funds that have been sent to provide relief. Many face eviction or foreclosure in the next two months. Michigan allocated $425 million through the end of September through the COVID Emergency Rental Assistance program. Thousands of people are still looking for aid. According to a census survey, 64 percent of metro Detroit residents are not current on payments for their homes.

COVID Emergency Rental Assistance Staves Off An Eviction Tsunami

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With the ending of the federal eviction moratorium on August 26, local legal aid funds are still being sorted out. Since the initial eviction moratorium, the U.S. Treasury has paid $25 billion to states and local governments for COVID Emergency Rental Assistance. From May to August, a total of $181,821,906 has been paid out to Michigan residents. The pace of the disbursements will continue to accelerate into September, according to the MSHDA communications director. The Director of Litigation at the Legal Aid of Western Michigan estimates that applicants are waiting 1 to 2 months before receiving a check. The processing rate varies by county and ranges from 26-72%.

 

 

Hundreds of Metro Detroiters At Risk For Eviction

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Detroit tenants behind on their rent because of coronavirus pandemic hardships are no longer protected from eviction, according to Detroit’s 36th District Court. After the CDC’s eviction moratorium was deemed unconstitutional by the U.S. Supreme Court, the Detroit court declined to issue its own moratorium. Hundreds of renters are at immediate risk of eviction. According to census data, 28% of metro Detroit renters and home owners are behind on their rent or mortgage. Organizations and agencies continue to work on connecting tenants with COVID Emergency Rental Assistance funds.

Biden’s Eviction Ban Policy Heads to the Supreme Court

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The replacement evictions moratorium will stay in place for now, according to the federal appeals court. A spokesman for the National Association of Realtors is confident that the Supreme Court will block the policy. The Center for Disease Control and Prevention imposed the evictions moratorium on August 3 in counties where Covid-19 is accelerating. Currently, that covers about 91 percent of the counties in the United States. The Delta variant has caused new coronavirus cases to soar, while the $46.5 billion rental assistance funds appropriated by Congress have yet to be widely distributed.